HC invokes Judges(Protection) Act, 1985, seeks to quash Criminal Complaint filed against Judge

Last Week, Karnataka High Court directed the Registrar General of the High Court to register a suo-motu criminal petition under Section 482 of the CrCP to quash a private complaint lodged against a Judicial Magistrate First Class.

The Court was of the opinion:

"If the complaint filed by said complainant is allowed to proceed further, it will completely set at nought the protection granted to judicial officers under the Judges (Protection) Act of 1985."

The Court thus exercised its inherent jurisdiction under Section 482 of Criminal Procedure Code and stated:

 "In view of the absolute protection granted to judicial officers under sections of Judges (protection) Act 1985, the complaint could not have been entertained and registered against the judicial officer. In view of the law laid down by the Apex court the High Court can always exercise its inherent jurisdiction under Section 482 of CrPC in the interest of justice. It is held that inherent jurisdiction can be exercised in case of substantive as well as procedural matters."

CASE DETAILS

In one complaint filed by one C Manjunath on the administrative side of the High Court, he made certain grievances against the Judicial Officer, about the alleged statements made by the Officer during remand proceedings.

The Secretary to the Chief Justice in reply to the registered complaint, told him that he can avail judicial remedy on this. This reply was sent as grievances were sent in response to the dismissal of his protest petition and grant of custody.

He replied on this reply letter in his private complaint filed before the Principal District Judge, Bellary under Sections 166, 205, 120 (A) 211, 219, 499 and 34 of the Indian Penal Code in which the Judicial officer is named as Accused No 1 as permission granted for prosecuting the Judicial Officer.

The order has been passed by a Division Bench comprising of Chief Justice Abhay Oka and Justice M Nagaprasanna.